Page:Report of The Inter-Governmental Committee, Malaysia.pdf/18

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Public Service Commission, and the provisions of Article 144 should be applied to these branches so as to give them full powers of appointment, promotion and disciplinary control over persons to whom their jurisdiction extends within the Borneo States.^[1] The Federal Government should undertake that the branches of the Federal Public Service Commission would consist of the members of the respective State Public Service Commission with the addition of not more than two members of the Federal Public Service Commission designated by the Federal Government. The Chairman of a branch would be such member of the branch as may be designated by the Chairman of the Federal Public Service Commission. The Governments of the Borneo States would undertake that so long as the arrangement lasted whereby members of the State Public Service Commission were members of the branches of the Federal Public Service Commission new appointments to the State Public Service Commission would only be made after consultation with the Federal Government.

(3) Provision should be made in the appropriate constitution for an Appeals Board with neutral membership (see paragraph 23 of Annex B) to which any overseas officer entitled to compensation can appeal in the event of a disciplinary decision of a Service Commission affecting his compensation or pension. The appeal would be against the effect of the decision on the officer's compensation or pension rather than against the disciplinary decision itself.

(4) Detailed recommendations covering the Public Service generally are set out in Annex B.

28. National Language

Malay should be the national language of the Federation of Malaysia but Article 152 should be modified in its application to the Borneo States so as to secure that:—

(a) for a period of ten years after Malaysia Day and thereafter until the State Legislature otherwise provides, the English language shall be an official language and may be used in the Legislative Assembly and for all other official purposes in the State, whether Federal or State purposes, including correspondence with Federal Ministries and Departments;

(b) for a period of ten years after Malaysia Day and thereafter until the Federal Parliament, otherwise provides, the English language may be used by the representatives of the Borneo States in both Houses of the Federal Parliament;

(c) for a period of ten years after Malaysia Day and thereafter until both the State Legislatures have otherwise provided, all proceedings in the supreme Court relating to cases arising in the Borneo States and all proceedings in the High Court of the Borneo States shall be in the English language (subject to the proviso regarding evidence in the existing Clause (4)); and

(d) until the State Legislature otherwise provides, all proceedings in subordinate Courts in the State, other than the taking of evidence, shall be in the English language.

29. Special position of the indigenous races

It was agreed that:—

(a) in the application of Article 153 of the Federal Constitution in and to the Borneo States its terms should be construed as if "Natives" were substituted for "Malays";

(b) the term "Native" should be defined in the Federal Constitution by adopting:

(i) in Sarawak the definition in the Sarawak Interpretation Ordinance; and

(ii) in North Borneo the definition that will appear in the State Constitution;

(c) in the application of Article 153 to the Borneo States the Yang di-Pertuan Agong should continue to exercise his powers under the Article on the advice of the Federal Cabinet, but such advice shall only be given after consultation with the Chief Minister of the State concerned. This procedure will apply to the Federal Public Service in the Borneo States;

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1. Where a regional post is established for the Borneo States, appointments to the post and disciplinary control over the holder should be vested in the branch of the Federal Public Service Commission established for the State in which the holder is normally stationed or, in the event of doubt, in whichever branch is designated by the Federal Government for this purpose.